O’Dwyer v O’Dwyer [2019] EWHC 1838 (Fam)

Variation: Looking at all the options

Antonia Barker provides a guide to key considerations on an application to vary periodical payments as a result of a change in circumstances Thought should be given to the likely duration of any reduction in income, as over the course of the pandemic some industries have suffered long-term damage while for others it is clear …

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Financial orders: Working capital

Lottie Tyler analyses when a spouse should expect an award on divorce to generate an income to meet their needs ‘If a judge is of the view that a party is likely to have capital in excess of their capital needs, then they must determine what level of income should be attributable to that capital.’ …

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Financial provision: Towards a clean break

Camilla Thornton considers the approach to earning capacity and the application of the sharing principle post-Waggott ‘The sharing of an income stream is unprincipled and periodical payments should only be ordered to meet needs and rarely compensation.’ O’Dwyer v O’Dwyer [2019] is the first reported case to specifically apply the principles laid out by the …

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